Successful Probate Practice Paralegal Edition Presented by: Commissioner Jerri J. Zhang, Division 19 16th Circuit Court

TIP #1 Use Online Resources Forms Checklists Probate Procedures Manual (PPM) RSMo

TIP #2 All pleadings should comply with Section 472.080.1. Section 472.080.1— “Except as otherwise specifically provided in this code or by supreme court rule, every document filed with the court under this code, including but not limited to applications, petitions, claims, and demands for notice, shall be signed by or on behalf of the petitioner or claimant, and shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing same, subject to the penalties of making a false affidavit or declaration.”

TIP #3 Proposed Orders Local Rule 33.5(6)— “All motions except those in which a hearing is requested shall be accompanied by a proposed order.” If you don’t file a proposed order, you will receive a checklist from the Court. This slows down the process.

TIP #4 Checklist You’ve received a checklist and you don’t understand it. You can call the clerk who issued the checklist, but if the question is more complicated, an attorney will need to speak with a Judicial Officer. Failure to Comply with a Checklist You failed to comply with a checklist in the time allotted and the Court enters an Order of Dismissal. No need to fret. File a Motion to Set Aside the Order of Dismissal and Proposed Order ALONG WITH the items in the checklist. If you only file a Motion to Set Aside the Order of Dismissal without the items in the checklist, the Motion will be denied.

TIP #5 Application for Letters--Appendix A Of Administration Show family tree Always include surviving spouse status Heir through whom they inherit Testamentary Who receives under the will Who does not receive under the will

TIP #6 Service by Publication Should file Motion and Affidavit. Affidavit needs to be a sworn statement that state specific facts of why the individual cannot be located and all efforts taken to locate the individual such as: --phonebook/white pages --general internet search --social media --family and friends Metmor Financial, Inc. v. Leggett, 787 SW 2d 733 (Mo. App. 1989)--without such efforts, service by publication was inadequate and the Court did not have personal jurisdiction over appellants.

TIP #7 Order for Additional Bond You file an Amended Inventory and the Court enters an Order for Additional bond. The Order for Additional Bond still stands even if you file a Second Amended Inventory to show less assets. The correct procedure is to file a Motion to Set Aside Order for Additional Bond with a Proposed Order AND the Second Amended Inventory.

TIP #8 Petitions To Ratify Expenditures Petitions to Ratify Expenditures should include receipts and/or any other form of proof of payment of the expenditures to be ratified. The supporting documentation needs to be attached as an exhibit to the Petition even if it has already been previously filed with the settlement.

TIP # 9 Settlements/Exception Letters Numbers have to match Contact the Auditor before the Judicial Officer Make sure your attorney knows the file

TIP #10 Be kind.